New York's Highes Court Upholds Town-Wide Fracking Ban

more+
less-

Oil and Gas company and its predecessors purchased methane rights to land lying in the Town of Dryden. The town, seeking to preserve its "rural and small town character", passed a zoning ordinance that prohibits oil and gas operations throughout the town. The company sought to show that the Environmental Conservation Law preempted the local law. However, the Court of Appeals distinguished between the regulation of "how'" activities are conducted vs. the regulation of "where" activities are conducted and upheld the ordinance.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Johnny D. Hall, Esq., KCT Abstract LLC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »